Kairve Anil Trivedi Erstwhile Rp Of ... vs State Bank Of India & Ors
- CitationComp. App. (AT) (Ins) No. 393 of 2026
Ratio decidendi
The rule this decision rests on
Where an order of the Adjudicating Authority is not shown to contain any typographical or other obvious error apparent from the record, it cannot be rectified; an application seeking rectification on such a ground is properly rejected, and an appeal against that rejection will be dismissed as the Appellate Tribunal has no jurisdiction to entertain a prayer that would effectively alter the order.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Comp. App. (AT) (Ins) No. 393 of 2026 & I.A. No. 1383, 1505 of 2026 IN THE MATTER OF: Kairav Anil Trivedi Erstwhile RP of Nanda Takwani ...Appellant(s)
Versus State Bank of India & Anr ...Respondent(s)
Present: For Appellant : Mr. Kairav Anil Trivedi in person
For Respondents : Ms. Raveena Rai, Advocate for R1
ORDER
(Hybrid Mode)
12.03.2026 I.A. No. 1505 of 2026 This is an Application praying for
Condonation of 10 days delay in filing the Appeal.
We find sufficient cause shown in the Application for Condonation of
delay.
Delay condoned.
I.A. No 1383 of 2026 This is an Application praying for Condonation of 45
days delay in refiling the Appeal.
Applicant in Paragraph 4 of the Application has given the reason for
refilling delay. Sufficient cause has been shown.
Refiling delay condoned.
Comp. App. (AT) (Ins) No. 393 of 2026 This Appeal has been filed against
the order dated 10/11/2025, which is as follows :
1. "This application has been filed by the erstwhile RP of Smt. Nanda Takawane, personal guarantor of M/s. Siddheshwar Industries Pvt.
Ltd seeking rectification .of order: dated 08.10.2025 in. LA. 4659/2025. on the ground that an error has occurred in the said order and the order should be rectified to include that: "immediate payment be released by SBI to the applicant Erstwhile RP and PCA as per the bills raised by the PR/ PCA in terms of the contractual obligation dt. 06.01.2022 and the proof of these payments be confirmed before the next date of hearing on 21 .11.2025."
2. Perused order dated 08.10.2025, which is reproduced below: -
Issue Notice.
Ld. Counsel for the Respondent accepts notice and submits that the complete set of copy of the application be provided to him. Applicant is directed to provide a soft copy of the application to Ld. Counsel's at email id Vishnu.shriram@khaitanco.com
Reply be filed within 2 weeks.
List this matter for further consideration on 21.11.2025.
3. We find that there is no typographical error or any other obvious error apparent from the record in the impugned order. Therefore, we are unable to carry out the rectification sought in this application
4. Accordingly, IA(I.B.C)/5072(MB)/2025 is dismissed."
The Appellant, appearing in person, submits that order which was
pronounced in the open by the court was different and that is why, the
Applicant has filed the Application for rectification of the order, which has been
rejected.
Ld. Counsel for Respondent submits that Application is still pending and
have been fixed for 27/03/2026.
2 of 3 Heard Counsel for the Parties and perused the records. The order which
was passed and uploaded has been quoted in Paragraph 2 of the impugned
order.
The submission of the Appellant in the Application that order need to be
rectified has not been accepted and court has observed that there is no
typographical or any other obvious error in the order.
We are of the view that this Appellate court cannot exercise any
jurisdiction in accepting the prayer of the Appellant and by allowing the
Application, we do not find any error in the order of IA(I.B.C)/5072/MB/2025.
The Appeal is dismissed.
However, it shall be open for the Appellant to press his application, which
is pending consideration to the Adjudicating Authority, in accordance with law.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Prerana/md
3 of 3
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